SB 414 - This act revises various provisions relating to public records. When investigating a death, the coroner's or medical examiner's office shall make certain information available as an incident report within 72 hours of death. The act defines a public governmental body to specifically include the Curators of the University of Missouri, as well as a Bi-State Development Agency.

Currently, any votes taken during a closed meeting shall be by roll call. The act extends this requirement to open meetings as well, except for votes on procedural or ministerial matters. Meetings relating to legal actions, imminent causes of action or litigation involving a public governmental body may be closed. Any vote regarding leasing or purchasing of real estate shall be made public upon execution of the lease or sale. Certain bases for closing a meeting or record relating to competitive bidding and auditor work product are repealed.

The act provides a method for any member to record an objection to closing the meeting. The act requires production of public records. Fees for copying shall not exceed the amounts charged for copies by the Secretary of State and no charge to allowed for staff time in copying a disk or tape.

A public governmental body shall cooperate if the Attorney General attempts to resolve a written complaint. In determining compliance, the Attorney General shall be entitled to copies of records, excepts those of privileged communications. Records identified by the public body as closed shall remain so, except that the Attorney General may use such records in a court proceeding to enforce compliance.

The penalty for any violation shall range from $100 to $2,500. If the court finds there was a knowing violation, the court may order the payment of attorney's fees and costs. Currently, any person may request a law enforcement agency to open incident reports and arrest records that are unlawfully closed. If the court finds there was any violation, the same penalties listed above apply.

Any public governmental body developing a electronic record keeping system must do so in a common format that is not an impediment to public access.

In a criminal proceeding where no conviction results, the court's judgment or order or the final action taken by the prosecuting attorney may be accessed. The act deletes the provision prohibiting law enforcement from releasing accident or incident report to any person who is not an interested party for 60 days.

The act is similar to SB 685 (2002).
JIM ERTLE